STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MILDRED M. MOULTRIE,

Petitioner,

vs.

FIRST JUDICIAL CIRCUIT COURT,

Respondent.

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) Case No. 03-1805

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RECOMMENDED ORDER

Administrative Law Judge Don W. Davis of the Division of Administrative Hearings (DOAH) held a final hearing in this matter on September 29, 2003, in Pensacola, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Mildred M. Moultrie, pro se

Post Office Box 17705 Pensacola, Florida 32522

For Respondent: John Lewis Allbritton, Esquire

Allbritton & Gant

322 West Cervantes Street Pensacola, Florida 32501

STATEMENT OF THE ISSUE

The issue for determination is whether Petitioner was subjected to discrimination in the work environment by Respondent due to Petitioner's race in violation of Section 760.10, Florida Statutes.

PRELIMINARY STATEMENT

Petitioner filed a Charge of Discrimination against Respondent with the Florida Commission on Human Relations (FCHR) on February 28, 2002, alleging race discrimination.

On or about April 9, 2002, the FCHR issued its Determination: No Cause.

On or about May 15, 2002, Petitioner filed a Petition for Relief with the FCHR. Subsequently, on or about May 16, 2002, the case was forwarded to the Division of Administrative Hearings for formal proceedings.

During the hearing, Petitioner testified on her own behalf and also presented nine exhibits. Respondent presented the testimony of one witness, Trial Court Administrator J. Wayne Peacock. No transcript of the proceeding was provided.

Both Petitioner and Respondent filed Proposed Recommended Orders which have been reviewed and considered in the preparation of this Recommended Order.

All citations are to Florida Statutes (2002) unless

otherwise indicated.

FINDINGS OF FACT

1. Mildred M. Moultrie (Petitioner) is a member of a protected class. She is a black female who applied for employment in the position of Deputy Court Administrator for

   Juvenile Services with the First Judicial Circuit of Florida (Respondent).

2. The primary duties of the position sought by Petitioner required service as the liaison between the Judiciary and the Department of Juvenile Justice, Department of Children and Family Services, local law enforcement agencies, schools and other community organizations serving the juvenile justice system. Petitioner had no experience in working with juveniles, and was unaware that dependent children were a part of the juvenile system.

3. All applications and/or resumes submitted were reviewed and scored on a point system that assigned points to the following areas: education, related education, juvenile experience, and management experience. The points allocated were totaled and applicants with a score of seven or higher were submitted to the selection committee for oral interview. Petitioner did not score the minimum seven points and was initially informed that she would not be granted an interview.

4. Petitioner contacted J. Wayne Peacock, Court Administrator for the First Judicial Circuit to inquire why she was not given an interview. Peacock advised Petitioner that she did not score the required number of points. Nevertheless, Peacock agreed to grant Petitioner an interview anyway.

   Petitioner was added to the group of applicants to be presented for oral interview with the Selection Committee.

5. The Selection Committee was composed of J. Wayne Peacock, Court Administrator (white male); John Parnham, Circuit Court Judge, Juvenile Division (white male); and Eugene Brown, Director, Pensacola/Escambia County Human Relations Commission (black male).

6. The committee selected Pauline Ryan (white female), for the position based upon, including but not limited to, her prior work experience as a Case Coordinator II assigned to the Escambia County Family Focused Juvenile Drug Court and the strength of her oral interview with the Selection Committee.

7. Ryan's work experience from 1993 to the time of her selection has been directly related to juvenile services and exceeds the juvenile work experience of Petitioner.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Sections 120.569 and 120.57(1).

9. Chapter 760, also known as the "Florida Civil Rights Act of 1992," provides security from discrimination based upon race, color, religion, sex, national origin, age, handicap, or marital status.

10. The adverse effectuation of an employee’s compensation, conditions, and privileges of employment on the basis of race is an unlawful employment practice.

11. The burden of proof rests with Petitioner to show a prima facie case of employment discrimination. After such a showing by Petitioner, the burden shifts to Respondent to articulate a nondiscriminatory reason for the adverse action. If Respondent is successful and provides such a reason, the burden shifts again to Petitioner to show that the proffered reason for adverse action is pre-textual. School Board of Leon

    County v. Hargis, 400 So. 2d 103 (Fla. 1st DCA 1981).

    
    

12. Petitioner failed to establish a prima facie case of discrimination on the basis of race by employees or supervisors of Respondent.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED:

That a Final Order be entered dismissing the Petition for Relief.

DONE AND ENTERED this 17th day of October, 2003, in Tallahassee, Leon County, Florida.

S

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 2003.

COPIES FURNISHED:

John Lewis Allbritton, Esquire Allbritton & Gant

322 West Cervantes Street Pensacola, Florida 32501

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Mildred M. Moultrie Post Office Box 17705

Pensacola, Florida 3252

Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 03-001805

Orders for Case No: 03-001805